BROOME COUNTY TITLE VI POLICY STATEMENT

Transcription

1 BROOME COUNTY TITLE VI POLICY STATEMENT As a recipient of federal and state funds, Broome County is subject to the requirements and provisions of Title VI of the Civil rights Act of 1964, as amended. The provisions include but are not limited to, prohibiting discrimination (being denied the benefits of, or being otherwise subjected to discrimination under any program or activity administered by federal or state assisted programs, services and activities) on the grounds of race, color or national origin. Specifically, Title VI provides that No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). The following Federal Laws and Executive Orders expand the Title VI nondiscrimination mandate: The Civil Rights Restoration Act of 1987 clarified the definition of programs and activities covered by the nondiscrimination provisions of civil rights statutes. The revised definition states that discrimination is prohibited throughout an entire agency or institution, if any part of that agency receives Federal financial assistance. The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, school, transportation, and all public and private places that are open to the general public. The purpose of this law is to make sure people with disabilities have the same rights and opportunities as everyone else. The ADA has five titles that relate to different areas of public life. Executive Order (Environmental Justice or EJ ) seeks to avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority populations and low-income populations, and to ensure the full and fair participation by all potentially affected communities in the transportation decision-making process. Executive Order (Limited English Proficiency or LEP ) ensures individuals whose first language is not English and have a limited capacity to read, write or understand English have meaningful access to programs, information and services by any entity receiving Federal funding.

2 Broome County assures every effort will be made to ensure nondiscrimination in all of its programs and activities, regardless of whether those programs and activities are federal funded. Broome County s Compliance Officer or his/her designee is responsible for monitoring the Title VI activities for Broome County. Broome County Executive Date Broome County Compliance Officer Date Approved as to form and manner of execution: Assistant Broome County Attorney Date

3 BROOME COUNTY TITLE VI PROGRAM As a recipient of federal and state funds, Broome County is subject to the requirements and provisions of Title VI of the Civil rights Act of 1964, as amended. The provisions include but are not limited to, prohibiting discrimination (being denied the benefits of, or being otherwise subjected to discrimination under any program or activity administered by federal or state assisted programs, services and activities) on the grounds of race, color or national origin. Specifically, Title VI provides that No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). The following Federal Laws and Executive Orders expand the Title VI nondiscrimination mandate: The Civil Rights Restoration Act of 1987 clarified the definition of programs and activities covered by the nondiscrimination provisions of civil rights statutes. The revised definition states that discrimination is prohibited throughout an entire agency or institution, if any part of that agency receives Federal financial assistance. The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, school, transportation, and all public and private places that are open to the general public. The purpose of this law is to make sure people with disabilities have the same rights and opportunities as everyone else. The ADA has five titles that relate to different areas of public life. Executive Order (Environmental Justice or EJ ) seeks to avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority populations and low-income populations, and to ensure the full and fair participation by all potentially affected communities in the transportation decision-making process. Executive Order (Limited English Proficiency or LEP ) ensures individuals whose first language is not English and have a limited capacity to read, write or understand English have meaningful access to programs, information and services by any entity receiving Federal funding. Broome County assures every effort will be made to ensure nondiscrimination in all of its programs and activities regardless of whether such programs and activities are federally assisted. Broome County s Compliance Officer or his/her designee is responsible for monitoring the Title VI activities for Broome County.

4 Title VI Information Dissemination Broome County s Title VI Policy Statement and Program, including the name and contact information for the Broome County VI Coordinator, will be made available on the County s Website at Additionally, information posters will be prominently and publicly displayed in Broome County facilities. The Title VI Policy Statement and Program will be disseminated to current Broome County employees via and a department mailing. New employees will be provided with Title VI information during the new employee orientation process. Title VI Complaint Procedure Anyone who wishes to make a complaint of discrimination should complete and submit a Title VI Complaint Form (Appendix A), which is available on the Broome County website or at the Broome County Executive s Office (address below). If the Complaint Form is needed in another language, please contact the Broome County Title VI Coordinator at the address provided below. The Complaint Form should be submitted no later than 60 calendar days from the date of the alleged discrimination to: Title VI Coordinator, Broome County Risk Manager Department of Risk and Insurance Within 15 days after receipt of the complaint, or within a mutually agreed upon timeframe, the Title VI Coordinator or his/her designee will meet with the complainant to discuss the complaint. Within 15 calendar days of this meeting, or within a mutually agreed upon timeframe, the Title Coordinator or his/her designee will respond to the complainant in writing, or where appropriate, in a format accessible to the complainant such as large print, Braille, or audio tape. The response will explain the outcome of the County s investigation of the complaint, its conclusion(s) based on the investigation, and possible options for substantive resolution of the compliant, if applicable. Where the complainant has limited English proficiency, the Title VI Coordinator will arrange for the provision of language interpretation services at the initial meeting, and/or for the written translation of the Title VI Coordinator s response to the complainant. If the complainant does not believe that the Title VI Coordinator s response satisfactorily resolves the issue, the complainant may appeal that decision in writing within 15 calendar days after receipt of the response to: The Broome County Executive

5 The County Executive or his/her designee will meet with the complainant within 15 calendar days, or within a mutually agreed upon timeframe, after receipt of an appeal, to discuss the complaint, the decision appealed from and possible resolution(s). Within 15 calendar days after this meeting, the County Executive or his/her designee will respond in writing to the appeal or where appropriate in a format accessible to the complainant, with a final resolution of the complaint. Where the complainant has limited English proficiency, the County Executive will arrange for the provision of language interpretation services at the initial meeting and/or for the written translation of the County Executive s response to the appeal. All written complaints received by the Title VI Coordinator and appeals to the County Executive, investigative records and responses from these two offices will be retained by Broome County for at least 6 years. Broome County s investigation of the alleged violation of Title VI will commence within 30 days of a complaint being received by Broome County. The complainant will be timely notified of Broome County s determination and resolution by the Title VI Coordinator. A copy of any complaint alleging discrimination by Broome County will also be forwarded, within 10 business days of receipt, to the New York State Department of Transportation for review. Community Outreach As a recipient of Federal financial assistance, Broome County makes the following community outreach efforts: 1. The public is invited to attend and participate in the legislative process. 2. Title VI statements are posted in all County facilities for public viewing [Appendix B]. 3. Broome County has a user-friendly website to enhance community relation efforts. Broome County s Title VI Plan is/will be available to the community on the website.

6 APPENDIX A TITLE VI COMPLAINT FORM If you believe that you have been subjected to unlawful discrimination (denied the benefits of, access to or participation in the programs and activities of Broome County) based on race, color, national origin, sex, age, disability, low income or Limited English Proficiency, please provide the following information in order to assist us in processing your complaint, and send the completed Complaint Form to: Title VI Coordinator, Broome County Risk Manager Department of Risk and Insurance Please print clearly: Name: Address: City, State, Zip Code: Telephone Number: (home) (cell) Date of alleged discrimination: Alleged discrimination based on: Race Sex Disability Color National Origin Age Low Income Limited English Proficiency Where did the alleged discrimination take place? Please describe the circumstances of the alleged discriminatory conduct:

7 Please List any and all witnesses names and phone numbers: What type of corrective action would you like taken? Please attach any documents that are relevant to the allegation. Date and sign this form below. Your signature Print your name Date

8 APPENDIX B Narrative for posters to be displayed in Broome County facilities: Title VI of the Civil rights Act of 1964 and subsequent statutes, regulations and executive orders protect individuals from discrimination in programs and activities of Broome County. Discrimination of the basis of race, color, national origin, sex, age, disability, low income or Limited English Proficiency ( LEP ) status is prohibited. Broome County is committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color, national origin, sex, age, disability, low income or LEP status. If you feel that you have been subjected to unlawful discrimination, please submit a complaint in accordance with the Complaint Procedure set forth below. Broome County s LEP Plan can be found on our website at Upon request Broome County will provide LEP individuals, free of charge, with interpreter or translation services related to a County program or service. Requests for services should be submitted to the Broome County Title VI Coordinator. Office of the County Executive,,. Title VI Complaint Procedure Anyone who wishes to make a complaint of discrimination should complete and submit A Title VI Complaint Form, which is available on the Broome County website or at the Broome County Executive s Office (address below). If the Complaint Form is needed in another language, please contact the Broome County Title VI Coordinator at the address provided below. The Complaint Form should be submitted no later than 60 calendar days from the date of the alleged discrimination to: Title VI Coordinator, Broome County Risk Manger Department of Risk and Insurance Within 15 days after receipt of the complaint, or within a mutually agreed upon timeframe, the Title VI Coordinator or his/her designee will meet with the complainant to discuss the complaint. With 15 calendar days of this meeting, or within a mutually agreed upon timeframe, the Title VI Coordinator or his/her designee will respond to the complainant in writing, or where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the outcome of the County s investigation of the complaint, its conclusion(s) based on the investigation, and

9 possible options for substantive resolution of the compliant, if applicable. Where the complainant has limited English Proficiency, the title VI Coordinator will arrange for the provision of language interpretation services at the initial meeting, and/or for the written translation of the title VI Coordinator s response to the complainant. If the complainant does not believe that the Title VI Coordinator s response satisfactorily resolves the issue, the complainant may appeal that decision in writing within 15 calendar days after receipt of the response to: The Broome County Executive The County Executive or his/her designee will meet with the complainant within 15 calendar days, or within a mutually agreed upon timeframe, after receipt of an appeal, to discuss the complaint, the decision appealed from and possible resolution(s). Within 15 calendar days after this meeting, the County Executive or his/her designee will respond in writing to the appeal or where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. Where the complainant has limited English Proficiency, the County Executive will arrange for the provision of language interpretation services at the initial meeting and/or for the written translation of the County Executive s response to the appeal. All written complaints received by the title VI Coordinator and appeals to the County Executive, investigative records, and responses from these two offices will be retained by Broome County for at least 6 years. Broome County s investigation of the alleged violation of Title VI will commence within 30 days of a complaint being received by Broome County. The complainant will be timely notified of Broome County s determination and resolution by the Title VI Coordinator.